Abha singh v. state of maharashtra, january 29, 2020.

1. Pil-26/19.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIM. PUBLIC INTEREST LITIGATION [ST.] NO. 26 OF 2019
Abha Singh. ..Petitioner.
Versus
State of Maharashtra & Others. ..Respondents.
Ms. Isha Singh for the Petitioner.
Mr. J. P. Yagnik for the Respondent-State.
Mr. Ganesh Gole and Kunal Waghmare for the Respondent-MCGM.
Mr. R. S. Apte, Senior Advocate with Mr. Mandar Limaye for
Respondent No.4.
Coram : RANJIT MORE &
SURENDRA P. TAVADE, JJ.
Date : January 29, 2020.
P. C. :
1. This PIL is filed seeking following reliefs :
“A. That a writ of mandamus be passed directing
Respondent Nos. 1 to 4 directing them to submit a
report on the status of constitution of the necessary
committees under the PEMSR Act, 2013 and, in
particular, stating whether they have constituted the
necessary committees, authorities and bodies under
section 24 to 32 of the PEMSR Act, 2013;
B. That if it comes to light that the necessary committees
mandated under the PEMSR Act, 2013 are not
constituted, stringent directions (writ of mandamus)
may be issued directing Respondents 1 to 4 to
constitute them within a period of six weeks from the
date of passing the order;
C. That comprehensive guidelines of a preventive nature
be framed in order to prevent any hazardous manual
cleaning of septic tanks; To this effect guidelines may be
framed stating that only licensed contractors shall be
permitted to clean septic tanks and advance intimation
of every cleaning activity shall be given to the Local
Authority or Committees constituted under the PEMSR
Act, 2013 so that proper supervision is maintained at all
times.;
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Sachin
R.
Patil
Digitally
signed by
Sachin R.
Patil
Date:
2020.02.01
11:17:10
+0530

2. Pil-26/19.
D. That a writ of mandamus be issued directing
Respondent Nos. 1 and 2 to comply the provisions of the
PEMSR Act, 2013 in letter and spirit and constitute all
the committees and statutory authorities mandated to
be established under the Act;
E. That a writ of mandamus be issued directing the State
of Maharashtra (Respondent No.2) to comply the
provisions of the PEMSR Act, 2013 in letter and spirit
and constitute all the committees and statutory
authorities mandated to be established under the Act;
F. that directions be issued to Respondent No. 5 and 6
directing them to place on record status reports of cases
filed and prosecutions instituted under the PEMSR Act,
2013 and report of convictions and pendency therein
(along with details of conviction rate);
G. Issue a writ of mandamus or any other appropriate writ,
declaration, or order to declare section 10 of the
Prohibitio of Employment as Manual Scavengers and
their Rehabilitation Act, 2013 which prescribes a three-
month limitation period for filing complaints be declared
as ultra vires to the the Constitution of India and hence
be quashed and the period of limitation be made subject
to section 468 of the Cr.P.C.;
H. that a writ of mandamus be issued to the Respondents
directing them to comply with the provisions of the
PEMSR Act, 2013 in letter and spirit and report
compliance with a period of 90 days;
I. That a writ of mandamus be issued to the Respondents
directing them to stringently enforce the
implementation of the PEMSR Act, 2013.”
2. On behalf of Respondent No.5 (State Government),
one Pranaya Ahok has filed an affidavit dated 28th
January 2020.
Relying upon the said affidavit, Mr. Yagnik, learned APP submitted
that directions sought in the PIL have already been complied
with.
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3. Pil-26/19.
3. Ms. Singh, learned counsel for the Petitioner tenders
across the bar, copy of the FIR bearing No.161 of 2019 registered
with Gowandi Police Station, Mumbai and submitted that the said
FIR is registered only for the offence punishable under section
304A of IPC, 1860. She further submitted that despite the fact
that a person has died while cleaning the septic tank, the
provisions of sections 7 and 9 of the PEMSR Act, 2013 are not
applied in this case.
4. Mr. Yagnik, learned APP submitted that let the
Petitioner place on record the said FIR so that appropriate action
can be taken. Learned counsel for the Petitioner submitted that
she will file an additional affidavit pointing out how the provisions
of the said Act are not complied with. We grant liberty to the
Petitioner to file additional affidavit. The Petitioner shall serve
advance copy of the affidavit on the other side.
5. Mr. Apte, learned senior counsel appearing on behalf
of Respondent No.5–Thane Municipal Corporation submitted that
as on today, the municipal corporation drainage system does not
permit construction of insanitary latrines and septic tanks and if
the same are present, it must be in old buildings. He also makes
a statement that the Corporation is implementing the provisions
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4. Pil-26/19.
of PEMSR Act, 2013. He submitted that corporation would like to
file an affidavit in reply in the matter and sought time. We grant
liberty to the Thane Municipal Corporation to file affidavit in reply.
We also direct the MCGM to file an affidavit in reply to the PIL.
Copies of the affidavits be given to the other side advocates well
in advance. For further hearing, we adjourn this PIL to 26th
March
2020.
[SURENDRA P TAVADE, J.] [RANJIT MORE, J.]
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